HomeMy WebLinkAboutCOW 2004-02-23 Item 3K - Discussion - Use of Federal Funds for Right-of-Way Acquisition.a-, snaa
CAS Number: 04-032 I Original Agenda Date: February 23, 2004
Agenda Item Title: Federally Funded Right -of -Way Acquisition
Original Sponsor:
Timeline:
Sponsor's Summary:
Recommendations:
Sponsor: For information and discussion.
Committee: Forward to COW.
Administration: Same as sponsor.
I Cost Impact (if known):
I Fund Source (if known):
Meeting Date
2/23/04
Meeting Date 1 Attachments
2/23/04 I Information Memo dated February 4, 2004
Local Agency Guidelines for Property Acquisition
Transportation Committee Meeting Minutes from February 9, 2004
COUNCIL AGENDA SYNOPSIS
Meeting Date
2/23/04
Council
Initials
Prepared by 1 Mayor's review 1 Council review
JAC4nrill
Admin.
Federally funded right -of -way acquisition procedures are cumbersome and greatly increase the
amount of time and expenses to roadway projects. Using City funds for right -of -way
acquisition can streamline the process and shorten the length of time of the entire project.
Action
Public Works
ITEM NO.
3
ISSUE
BACKGROUND
RECOMMENDATION
For information and discussion.
INFORMATION MEMO
To: Mayor Mullet
From: Public Works D recto n
Date: February 4, 2004 U
Subject: Federal Funded Right- of -Wav Acquisition
Federally funded right -of -way acquisition procedures are cumbersome and greatly increase the amount
of time and expenses to roadway projects.
WSDOT has overall responsibility for overseeing local agency acquisition of right -of -way if federal
funds (FHWA) are used, as outlined in the WSDOT Local Agency Guidelines (LAG) and Right -of -Way
Manuals. The typical WSDOT process is as follows:
Contact WSDOT Local Agency Right -of -Way Coordinator
Estimate probable right -of -way acquisition costs
Create right -of -way plan to WSDOT standards (professional surveyor stamped,
etc.)
Appraisal by WSDOT approved appraiser to WSDOT standards
Appraisal review by WSDOT approved appraisal reviewer
Title reports
Negotiations by a WSDOT certified negotiator with complete documentation of all
contact with property owner
Administrative settlement documentation
Right -of -way certification (see attached WSDOT checklist, LAG page 25 -34)
In contrast, City funded right -of -way acquisition on a federally funded project is required only to have
a WSDOT format right -of -way plan, title reports, appraisals, negotiations (without all the above
documentation), and then WSDOT right -of -way certification. Further, the City can begin the
acquisition process prior to federal environmental clearances (ECS and NEPA).
The federal right -of -way acquisition procedure is not only cumbersome and expensive, it is a very
lengthy process. For example, on the S 180 and TIB Phase 1 projects, right -of -way acquisition took
between three months and a year, depending on the complexity of the acquisition.
Reference: WSDOT LAG Right -of -Way Manuals
RCW 8.12, 8.26
WAC 468 -100
'49 CFR 24
(PAaob GVefo Memo Federal Funded Right of Way)
General Project Development
Appendix 25.152 Coordinators Worksheets (Sample)
The following is a list of items needed in an Agency's files
to allow the LIM coordinator to complete a project
certification review. This list is not all inclusive and is
meant as an aid to file preparation only.
1. RIGHT OF WAY PLAN
2. PROJECT FUNDING ESTIMATE
3 RELOCATION PLAN
4. FHWA ACQUISITION AUTHORIZATION
5. CONDEMNATION AUTHORIZATION (IF NEEDED)
1. APPRAISALS)
2. APPRAISAL REVIEWS)
3. JUST COMPENSATION (SET BY AGENCY)
4. DIARY(S)
5. OFFER LETTERCS)
6. ADMINISTRATIVE SETTLEMENT JUSTIFICATION AND APPROVAL
7. DONATION STRTEMENT(IF APPLICABLE)
8. TITLE EVIDENCE
9. COPIES OF RECORDED DOCUMENTS
10. PROOF OF PRYMENTCS)
11. NEGOTIATOR DISCLAIMER STATEMENT
12. CONSULTANT CONTRACTCS)
13. CORRESPONDENCE
1. DIRRY(S)
2. PROPER NOTICE(S):
GENERAL INFORMATION
RELOCATION ELIGIBILITY
90 DAY NOTICE
RESIDENTIAL:
3. RELOCATION BENEFITS COMPUTATION
4. BENEFITS NOTICE
5. MOVING AGREEMENT
6. PROOF OF PURCHASE OR RENT
7. DS&S INSPECTION REPORT
8. EVIDENCE OF ADVISORY ASSISTANCE
9. ALL SUPPORTING DOCUMENTATION
BUSINESS:
10. BENEFITS NOTICE
11. MOVING AGREEMENT
12. CLAIM FORMS
13. EVIDENCE OF ADVISORY ASSISTANCE
14. ALL SUPPORTING DOCUMENTATION
15. PROOF OF PRYMENTCS)
PROJECT FILE
NEGOTIATION FILE
RELOCATION FILE
Page 3 of 3
2544 Local Ageney
June 1998
TRANSPORTATION COMMITTEE, 2/9/04, Page 2
4 4. Federally Funded Right of Way Acauisitions It is very complex to comply with federal
requirements if federal funds are used to buy rights of way. Jim explained that is in the City's best
interest to buy rights of way with City money as a match to other parts of any project funded by
federal funds. By using City funds, Public Works can start projects sooner, and do them faster and
better than if federal funds were used. Pam asked if there was a downside to the City's buying right of
way, and Jim said there was not. Jim said they need more coordination with WSDOT, but that was
fine. Other cities have done this. Information.
5. TCC Round Gutter Replacement Bid Award The Community Center which was built in 1996
has always had gutters on the middle rotunda that have been problematic. They are made of tin metal,
and had no expansion joints. The gutters have pulled off the building and are not misshapen and don't
do their job. After a study of the situation, bids were called for, and five bids were received. Ballard
Sheet Metal Works, Inc. was the low bidder at $31,203.84. This is within budget. Recommend to
COW for bid award.
6. WSDOT Letter WSDOT wrote a letter to Senator Horn asking for tumback of Highway 99. The
City wanted WSDOT to include a request for the funding to help improve the northern section. They
did not, so the City will write Senator Horn separately requesting the appropriation. Information.
Committee chair approval